Chap. 414.—An ACT to amend and re-enact an act entitled “An act to regu-
late the manufacture of drugs, medicines, toilet preparations, dentifrices. and
cosmetics; to provide for the issuance and revocation of permits therefor

. by the Virginia Board of Pharmacy and for hearings on applications for

' such permits and appeals from the action of said board thereon; and to
prescribe penalties”, approved March 3, 1936. | [H B 169]

Approved April 1,-1938

. 1. Be it.enacted by the General Assembly of Virginia, That an
act entitled an act to regulate the manufacture of drugs, medicines,
toilet preparations, dentifrices and cosmetics ; to provide for the issuance
and revocation of permits therefor by the Virginia Board of Pharmacy
and for hearings on applications for such permits and appeals from
the action of said board thereon; and. to prescribe penalties, approved
March the third, one thousand nine hundred and thirty-six, be amended
and re-enacted so as to read as follows: ,

Section 1. No drugs, medicines, toilet preparations, dentifrices or
cosmetics (except soaps for which no curative or therapeutic claims are
made), shall be manufactured, made, produced, packed, packaged, or
prepared within this State, except under the personal and immediate
supervision of a registered pharmacist or such other person as may
be approved by the. Virginia Board of Pharmacy after an investigation
and a determination by the said board that they are qualified by scien-
tific or technical training to perform such duties of supervision as may
be necessary to protect the public health and safety (except that this
provision shall not apply to manufacturers to whom were granted per-
mits prior to January first, nineteen hundred and thirty-eight) ; and no
person shall manufacture, make, produce, pack, package, or prepare
any such preparations without first obtaining a permit so to do from
the Virginia Board of Pharmacy. Such permits shall be subject to such
rules and regulations, with respect to sanitation and equipment, as the
said board of pharmacy may from time to time adopt for the protection
of the public health and safety.

Section 2. Permits issued under the provisions of this section
shall be exposed in a conspicuous place in the factory or place for which
issued. Such permits shall not be transferable, shall expire on the
last day of December following the date of issue, and shall be renewed
annually. , , | |

Section 3. The application for such permit shall be made on a form
to be prescribed and furnished by the said Virginia Board of Pharmacy
and shall be accompanied by the required fee of five ($5.00) dollars,
which amount shall also be paid as the fee for each renewal of such
permit. Separate applications shall be made and separate permits
issued for each separate place of manufacture, making, production, pack-
ing, packaging: or preparation. ,

Section 4. The Virginia Board of Pharmacy may revoke a per-
mit for failure to comply with its rules and regulations promulgated
pursuant to the provisions of section one hereof. Any person aggrieved
by any action taken by the said board of pharmacy under the pro-
visions of this act shall be entitled to have his complaint set down for
hearing by said board. Requests for such hearings shall be made ‘in
writing and shall specify in detail the basis for the complaint, and the
hearing shall be held within ten (10) days from the date of the receipt
of said request by the said board, or its authorized agent, unless post-
poned by mutual agreement. ON i ,

Any person aggrieved by any order of the said board of pharmacy,
entered after such hearing, may appeal therefrom to a court of record
of the place of his residence, at any time within thirty ( 30) days after
the entrance of the said order, and upon said appeal, the court shall
hear and determine the issues raised thereby de novo.

Section 5. Any person, firm or corporation, except a registered
pharmacy, who shall manufacture, make, produce, pack, package, or pre-
pare within this State drugs, medicines, toilet preparations, dentifrices
or cosmetics without a permit or after revocation thereof, shall be fined
not less’ than’ fifty ($50.00) dollars, nor more than five hundred
($500.00) dollars for each offense.

_’ Section 6. Nothing in this section shall be construed to apply to

he proprietor of a registered pharmacy.